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Wick v. Campbell

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION
Jan 14, 2019
CV 17-148-M-DLC-JCL (D. Mont. Jan. 14, 2019)

Opinion

CV 17-148-M-DLC-JCL

01-14-2019

RANDY BRYANT WICK, Plaintiff, v. MISSOULA POLICE OFFICERS CAMPBELL, HOUPPERT and MARTINI, Defendant.


ORDER

United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendation in this case on December 12, 2018, recommending that the Defendants' motion for summary judgment be granted and Wick's claims against them dismissed. (Doc. 32.) Wick failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See Thomas v. Arn, 474 U.S. 140, 149-53 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been made." Wash. Mut., Inc. v. United States, 856 F.3d 711, 721 (9th Cir. 2017) (citation omitted).

Having reviewed the Findings and Recommendation (Doc. 32), the Court finds no clear error in Judge Lynch's determination that the defendants, all of whom are law enforcement officers, are entitled to qualified immunity. As of January 24, 2015, the law would not have provided a reasonable officer with "fair notice" that Wick's constitutional rights would be violated when officers tasered Wick for the limited purpose of seizing Wick's knife and effectuating an otherwise valid arrest. Kisela v. Hughes, 138 S. Ct. 1148, 1152 (2018) (per curium).

IT IS ORDERED:

(1)Judge Lynch's Findings and Recommendation (Doc. 32) is ADOPTED;

(2)The Defendants' Motion for Summary Judgment (Doc. 28) is GRANTED, and this matter is DISMISSED; and

(3)The Clerk of Court shall close this case and enter judgment in favor of the Defendants pursuant to Federal Rule of Civil Procedure 58.

DATED this 14th day of January, 2019.

/s/_________

Dana L. Christensen, Chief Judge

United States District Court


Summaries of

Wick v. Campbell

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION
Jan 14, 2019
CV 17-148-M-DLC-JCL (D. Mont. Jan. 14, 2019)
Case details for

Wick v. Campbell

Case Details

Full title:RANDY BRYANT WICK, Plaintiff, v. MISSOULA POLICE OFFICERS CAMPBELL…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

Date published: Jan 14, 2019

Citations

CV 17-148-M-DLC-JCL (D. Mont. Jan. 14, 2019)